Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
FMLA - General
Last month, the Supreme Court ruled in Staub v. Proctor Hospital(pdf) that an employer in an employment discrimination case can be liable for the discriminatory animus of an employee who influences, but does not make, the ultimate employment decision at issue. Known as the “cat’s paw†theory,
FMLA - Medical Certifications
We have requested a medical certification from an employee who is seeking FMLA leave. We have our own certification form, and gave the employee a copy. The employee came back with a form letter from the doctor's office stating that they charge a fee for filling out FMLA certification forms, and a no
FMLA - Regulations
An employee recently missed five days of work due to the flu. She did not visit the doctor, but did call in to the doctor's office while she was out. Based upon the call, the doctor wrote her a prescription for some medication. Does this count as FMLA leave?
FMLA - General
In this opening weekend of major league baseball, hope springs eternal for every baseball fan. In honor of my beloved Chicago White Sox, I offer an FMLA lineup card below that from top to bottom will help employers stay atop the pennant race throughout the year.
FMLA - Regulations
The folks at the California Public Agency Labor and Employment blog yesterday raised an issue that has popped up from time to time with our own clients: When it comes to "baby bonding" leave, does the Family and Medical Leave Act provide more generous benefits for unmarried parents than it does for
FMLA - General
Over the upcoming weeks, when Carl the Custodian is missing from your workplace, you may want to give your local Hooters Restaurant a call. He just might be there watching the NCAA tournament.
FMLA - General
Under the Family and Medical Leave Act, employers have the right to recover their share of health insurance premiums from an employee if he or she fails to return to work upon expiration of FMLA leave. In this month's FMLA Insights podcast, we walk employers through how they can go about collecting
FMLA - General
On March 1, the U.S. Supreme Court unanimously held in Staub v. Proctor Hospital (.pdf) that an employer can be held liable for employment discrimination claims based upon the bias of a supervisor who influenced, but did not make the final employment decision. The Court struck down a narrow version
FMLA - Regulations
When an employee's request for medical leave is vague or is unclear, the Family and Medical Leave Act regulations specifically allow (in fact, they require) the employer to question the employee further to determine whether the absence potentially qualifies under the FMLA. When the employee fails to
FMLA - General
Every February, the American Bar Association's Federal Labor Standards Legislation Committee publishes a comprehensive report of significant FMLA decisions handed down by the federal courts in the previous year.
FMLA - Regulations
One of our employees has asked for leave to care for a family member in another state. Does the travel time to and from the family member count as part of the FMLA leave?
FMLA - General
An employee enrolled in an addiction treatment program need not be under a doctor's care or actually staying at a rehab institution to qualify for FMLA leave, according to a federal court in Texas. Picarazzi v. John Crane, Inc. (pdf)
FMLA - Interference Claims
That is the question a federal district court in Arkansas recently held would have to be resolved by a jury, and one that should concern any employer seeking to control the abuse of FMLA leave. Terwilliger v Howard Mem Hosp.pdf
FMLA - General
In this month's podcast, we propose a "to do" list of items employers should consider to ensure their FMLA policies and practices are effective in the New Year.
FMLA - Regulations
Like many employers, we were closed yesterday due to the massive blizzard. We have an employee out on FMLA leave. Do I count the snow day against this employee's 12-week leave entitlement?
FMLA - General
This morning, the sound of the morning alarm was harsh reality for scores of employees throughout Wisconsin. After celebrating a Packers Super Bowl victory late into the night (a bitter pill for this Bears fan to swallow!), they have no interest in dragging themselves out of bed and heading into wor
FMLA - General
Cook County, Illinois (the county in which Chicago is located) currently faces one of the largest budget deficits in its government's history. So, when the Cook County Board president (Toni Preckwinkle) tells the County Sheriff (Tom Dart) to cut $70 million from his budget, it tends to grab people's
FMLA - General
On January 5, the EEOC announced a $3.2 million settlement in a lawsuit against Jewel-Osco parent company Supervalu Inc., alleging that Jewel-Osco fired disabled employees at the end of medical leaves rather than returning them to work with reasonable accommodations. (Details are available in the Ch
FMLA - General
FMLA developments in 2010 came fast and furious: the DOL's interpretation clarifying the definition of in loco parentis, GINA's impact on the FMLA, an impending DOL survey on how families use medical leave, and a number of new court cases giving guidance (and in some cases, muddying the waters) on i
FMLA - General
Shortly before the Thanksgiving holiday, the Obama administration's "Middle Class Task Force" announced a new program in which the U.S. Department of Labor will partner with the American Bar Association to refer complaints under the FMLA and federal wage and hour laws to private plaintiffs' attorney